Florida Statutes
Fla. Stat. § 944.405 (2025)
Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—
(1) If there is reasonable justification to believe that an offender has escaped from the custody of the department or has absconded from a rehabilitative community reentry program before the offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary’s designated representative may issue a warrant for retaking the offender into custody until he or she has served the remainder of the sentence or combined sentences.
(2) An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his or her own recognizance.
(3) A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.
(4) The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.
Notes of Decisions
Cited in 3
cases, 1994–2009 · leading case: Waite v. Singletary, 632 So. 2d 192 (Fla. 3d DCA 1994).
Waite v. Singletary, 632 So. 2d 192 (Fla. 3d DCA 1994). “§ 944.405, Fla. Stat. (1993) (as amended by ch.”
Cespedes v. State, 17 So. 3d 302 (Fla. 4th DCA 2009). “The state also has presented no authority that the legislature’s enactment of section 944.405, Florida Statutes (2008), allowing the department to issue a fugitive warrant, has the effect of changing this result when it is the department’s fugitive warrant for *304 escape that…”
Gaines v. Florida Parole Comm'n, 962 So. 2d 1040 (Fla. 1st DCA 2007). “In terms of statutory law, section 944.405(1), Florida Statutes, provides in relevant part that if it is determined that an offender was released in error, DOC may issue a warrant "for retaking the offender into custody until he or she has served the remainder of the sentence or…”
— 944.405(1) — 1 case
Gaines v. Florida Parole Comm'n, 962 So. 2d 1040 (Fla. 1st DCA 2007). “In terms of statutory law, section 944.405(1), Florida Statutes, provides in relevant part that if it is determined that an offender was released in error, DOC may issue a warrant "for retaking the offender into custody until he or she has served the remainder of the sentence or…”
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